Análisis de la Validez, Naturaleza y Efectos de las Actas de Mediación y la Aplicación de Excepciones Previas en Procesos Laborales sobre Derechos Transigibles

Abstract

This article addresses the legal treatment of mediation records in labor proceedings in Ecuador, with a focus on the regulatory framework governing Alternative Dispute Resolution Methods (ADR), particularly mediation and its application in labor law. It examines the binding nature of mediation records, equating them to final and enforceable judgments, and analyzes the res judicata effects inherent in such agreements. Furthermore, it identifies tensions between the legal force of these agreements and the principle of the inalienability of workers’ rights, raising questions regarding their compatibility with constitutional rights. The article also explores the procedural role of preliminary objections in labor proceedings where mediation records are submitted, assessing their admissibility, purpose, and scope. Finally, it highlights issues arising from the lack of consistency in judicial criteria, which may generate legal uncertainty and hinder coherent application. In this context, the article argues for the need to establish a regulatory framework that reconciles the effectiveness of mediation with the protection of labor rights, thereby promoting legal certainty, procedural efficiency, and strengthening trust in ADR as a legitimate and effective means of dispute resolution.